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(영문) 서울중앙지방법원 2016.04.06 2015고단7577

특수절도등

Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

(i)each statement of F, J, K, L, M and E;

1. Application of statutes to each police seizure protocol and list of seizure [the list of evidence Nos. 7, 8, 14, 15, 17, 18, 20, 21, 23, 24];

1. Article 331(2) and Article 331(1) (a) of the Criminal Act in relation to the facts constituting an offense, and Article 329 of the Criminal Act (abundance of intention);

1. Selection of imprisonment with prison labor for selective larceny of punishment;

1. Each of the Defendants subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants to be mitigated: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of suspended sentence: Reasons for sentencing under Article 59 (1) of the Criminal Act (any suspended sentence: 6 months of imprisonment);

1. Defendant A

A. Sentencing 1) Crimes No. 1 Sentencing 1 (Scope of Recommendation) Crimes for General Property 2 (No. 4 months to October) mitigated area (No. 10 months), [the scope of recommendation] Crimes for General Property 2 (No. 2) mitigated area (no. 4 months to October), mitigated area (no. 10 months), / [the scope of recommendation] mitigated area (no. 2 months to October) mitigated area (no. 4 months), and living-type crimes for General Property / The final sentencing scope due to the increase of multiple offenses / The increase of multiple offenses : April to March 4:

B. A crime committed by a defendant who was directed in the life style of sentencing to raise living expenses is not considered in the motive of the crime, and there is no other criminal records other than once a fine of 500,000 won has been imposed, and the defendant reflects his mistake, taking into account the following factors: the defendant's age, sex, environment, the degree of damage suffered by the victims, and circumstances after the crime, etc., the punishment is determined as ordered within the above sentencing criteria. 2.2. Defendant B

(a) Sentencing [Scope of Recommendations] Offenses of Type 2 (General Larceny) (2) (2-10 months to October) in the area of special mitigation (2-10 months) (special mitigation factors) in cases where there are special grounds for taking into account the participation in a crime, a crime of living style;

(b) Crimes committed by a defendant who was directed to the decision of a sentence and the living conditions of the suspension of sentence, in mind of raising living expenses;